IPC 142 to BNS 189(2): Being member of unlawful assembly
Section 142 IPC (1860) replaced by Section 189(2) BNS (2023)
IPC 142 to BNS 189(2) at a Glance
Section 142 IPC (Being member of unlawful assembly) is now Section 189(2) BNS, in force from 1 July 2024. Under the BNS it is bailable and cognizable. What changed is set out below.
What Changed From IPC 142 to BNS 189(2)?
Section 142 IPC is now Section 189(2) BNS. The BNS joins the definition in Section 142 IPC to the punishment in Section 143 IPC, so that one sub-section defines a member of an unlawful assembly and punishes the member. The words of the definition are unchanged. The sub-section then adds that such member shall be punished with imprisonment of either description for a term which may extend to six months, or with fine, or with both, which is the Section 143 IPC punishment in the same words.
IPC 142 vs BNS 189(2): Comparison Table
| Aspect | IPC 1860 (repealed) | BNS 2023 (in force) |
|---|---|---|
| Section | 142 | 189(2) |
| Offence | Being member of unlawful assembly | Same |
| Punishment | None of its own. Section 143 IPC punishes a member of an unlawful assembly with imprisonment of either description for up to six months, or fine, or both. | Imprisonment of either description for up to six months. |
| Fine | None of its own. Any fine is the fine under Section 143 IPC. | The offender may be punished with fine alone or with both imprisonment and fine. |
| Bail | Bailable | Same |
| Cognizance | Cognizable | Same |
| Compoundable | Non-Compoundable | Same |
| Triable By | Any Magistrate | Same |
IPC 142 and BNS 189(2): Bare Act Text Side by Side
Section 142, IPC 1860
Section 189(2), BNS 2023
Ingredients: IPC 142 vs BNS 189(2)
- An assembly which is an unlawful assembly, as Section 141 IPC defines it
- The accused is aware of the facts which render the assembly an unlawful assembly
- The accused intentionally joins that assembly, or continues in it
- An assembly which is an unlawful assembly under Section 189(1) BNS
- Awareness in the accused of the facts which render the assembly unlawful
- Intentional joining of that assembly, or continuing in it
- Such a member is punished in the same sub-section, with imprisonment of either description for up to six months, or with fine, or with both
What IPC 142 to BNS 189(2) Means for Pending Cases
FAQs: IPC 142 to BNS 189(2)
What changed when Section 142 IPC became Section 189(2) BNS?▼
The definition is word for word the same. Section 189(2) BNS joins it to the punishment that Section 143 IPC gives, so one sub-section now defines a member of an unlawful assembly and punishes the member. The punishment is the same in the same words.
Where does Section 142 IPC sit in the BNS?▼
In Section 189(2) BNS, in Chapter XI, Of Offences Against the Public Tranquillity. The sub-section has no heading of its own and sits under the heading Unlawful assembly of Section 189 BNS.
Section 142 IPC: does the BNS keep a separate provision for the definition and the punishment?▼
No. Both Section 142 IPC and Section 143 IPC are carried into Section 189(2) BNS.
Does Section 142 IPC or Section 189(2) BNS apply to an act done before 1 July 2024?▼
Section 142 IPC. Section 358 BNS repealed the IPC from 1 July 2024 but saves any liability already incurred under it, so an act done before that date is still dealt with under Section 142 IPC. Section 189(2) BNS governs acts done on or after 1 July 2024.
Disclaimer: This comparison is for informational purposes only. The new criminal laws came into effect on 1 July 2024. Consult a qualified advocate for legal advice.
Sources: Indian Penal Code, 1860 · Bharatiya Nyaya Sanhita, 2023 · Last updated: 17 Oct 2026 ·